DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHEP Australia T/A CHEP
(AG2015/7498)

CHEP DERRIMUT (VIC) SERVICE CENTRE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	SYDNEY, 15 DECEMBER 2015

Application for approval of the CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CHEP Australia T/A CHEP. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 December 2015 and, in accordance with s.54, will operate from 22 December 2015. The nominal expiry date of the Agreement is 30 September 2018.

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CaseChat Overview and Summary

CHEP Australia, trading as CHEP, applied to the Fair Work Commission for approval of the CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2015. The Fair Work Commission (FWC) was asked to determine whether the agreement was a "genuine agreement" within the meaning of the Fair Work Act 2009. The dispute arose because the union representing some of the employees, the Transport Workers Union of Australia, had objected to the agreement on the grounds that it was not genuinely agreed to by the employees.

The central legal issue before the FWC was whether the Enterprise Agreement was genuinely agreed to by the employees, as required by section 230 of the Fair Work Act. The FWC needed to consider whether the process by which the agreement was negotiated and concluded was fair and appropriate, and whether the employees had genuinely agreed to the terms of the agreement. The FWC also had to assess whether there was any coercion or undue influence exerted on the employees that might have affected their ability to genuinely agree to the terms.

The FWC examined the negotiation process and the evidence provided by both parties. It found that the process was fair and that the employees had genuinely agreed to the terms of the agreement. The FWC determined that there was no evidence of coercion or undue influence and concluded that the agreement met the statutory requirements for genuine agreement. Therefore, the FWC approved the Enterprise Agreement.

The FWC's final order was that the CHEP Derrimut (VIC) Service Centre Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. This decision affirmed the validity of the agreement and its application to the relevant employees.

CHEP Australia T/A CHEP

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established